Ashamukul Pal, J. - (1.) This is an appeal from the judgment and decree passed by the learned Additional District Judge, 7th Court at Ali-pore on 12-7-82 dismissing the appeal filed by Johnson and Philips Ltd. (the appellant herein) against the decree that had been passed against the said Johnson and Philips in favour of Amiya Kumar Seal (respondent herein) for a sum of Rs. 5,45,364/- with interest and also for accounts.
(2.) Plaintiff filed the suit on 16th November, 1965 for a suit for declaration, injunction, accounts and for a decree of Rs. 992/-. The plaintiff's case was that defendant Company was the sole agent of electric cables known as 'Mahendra Cables' and the defendant Company engaged the plaintiff as commission agent to organise the sale of the said cable in Calcutta Market.
(3.) Plaintiff procured one 'Dalmia Electric Company' for the purchase of the said cables from the defendants. It was agreed by and between Amiya Kumar Seal and the defendant Johnson and Philips Ltd. that the plaintiff would be entitled to a commission of Rs. 1% on the business placed by Dalmia and would be entitled to 1% commission after such business comprised under the said orders exceeded Rs. 3,00,000/- and that he would get after the business exceeded Rs. 5,00,000/-. The plaintiff's case as made out in the plaint is that the defendant failed and neglected to render any accounts to him inspite of repeated demands. Apart from account his case is that from the period 6th January, 1964 till September, 1964 a sum of Rs. 1,200/- was due and only a sum of Rs. 400/- was paid and as such for that balance amount of Rs. 800/- he asked for the decree along with accounts for the total sale price from 6-1-84 on which commission would be due to him as agreed.;